The Legal Process

In today's legal environment, matching your needs with the correct firm is crucial to the successful outcome of your legal matters. Like so many other areas, in law, the pace of change can be "breakneck," the details overwhelming.

As an informed consumer of legal services, you need to be sure that the firm you select is in fact qualified to handle the matter at hand. Today, that's more important than ever.

1. The Outcome is Never Certain. Judges can interpret the law differently, depending on the facts, and this affects how motions, hearings, trials are decided. Witnesses can collapse, shine or fail to appear. The jury can focus on a seemingly meaningless fact that could swing the outcome of the entire trial. If you are involved in a manner that involves litigation, such as many areas of family law, personal injury, or defending yourself from a lawsuit, factor these unknowns into your evaluation of the time and expense this matter will consume.
2. Monitor Your Motivations. If you find yourself saying, "It is for the principal", "money is no object", or "I want to make the other person/side pay", be honest and determine how much it is worth to you.
   
   These actions are typically the most expensive, time consuming, emotional and lengthy legal actions. You will probably have to make several court appearances, pay several bills and face the possibility of not getting everything you want. These are typically family law cases involving divorce and custody of children, although other types of litigation are not immune, including home contractor disputes, business entities and other things that are very close to the individual. Also, there is usually no winner in this type of approach to the legal action. Costs cut into the "winner's" judgment and no one seems to get what they feel they deserve.
3. Remember - EVERYTHING HAS A PRICE. If you call the attorney or the legal assistant five times each day, you may be shocked after you review the bill at the end of the month. If you tell an attorney that you want to go after someone, then the attorney will plan for extended legal action and the bill will reflect accordingly. Research, drafting court documents, phone conferences, court appearances, depositions, and "discovery" (the act of accumulating information) are just a few of the many actions and preparations that are involved in some legal proceedings - and all cost money.
   
   Take time to review the fee agreement and ask the attorney about any questions you have. Ask the attorney about the likelihood and needs of discovery and depositions. Consolidate several questions you may have into one phone call or letter. Finally, utilize the legal assistant as much as you feel comfortable doing; they may be able to help you and will be at a considerably lower rate than the attorney.
4. Settlement & Mediation Should Remain an Option. Settlement and Mediation are alternatives to long-term legal battles. Sometimes the court will even order the parties to try and mediate the problem. Mediation is a process where all the parties meet, under the guidance of a trained, non-interested person who recommends a settlement to the dispute. The attorney must still represent your best interests, and this is an alternative that could save thousands in future legal expenses. Ask the attorney about the possibility of a mediated settlements.
5. The Legal System is a Bureaucracy. The attorneys on all sides must follow procedures, rules and guidelines as well as operate in a painfully overcrowded legal system. Many times the court will have to reschedule hearings or trials several times over the course of a litigation matter. Frustrating delays are encountered more times than not and it may not be anyone's fault, just the system.
6. You Cannot Control the Other Side. Unfortunately, if the other party(ies) wants to make things difficult, there is little you or the attorney can do. Many times the attorney is forced to respond to some tactics to protect the client. This is often the case in family law situations, where emotions are strong. Deals can fall apart or are delayed if the other side refuses to sign documents, constantly makes changes to agreed motions, files for continuances, refuses to produce documents or information, or if one side constantly "floods" the other with documents and "discovery". This lost feeling of control is the most frustrating and aggravating aspect of the process, and it is typically intended to be this way to intimidate or overwhelm the other side. It raises the legal fees, increases costs, and extends the litigation, sometimes for years. A person can anticipate an uncontested divorce and two years later, the fight over the children and the house is still smoldering.
7. What is the Retainer For? A retainer is typically an advance payment to initiate legal services. There are different variations of a retainer. It could be an estimate as to the costs of the service requested; it could be an initial payment to begin a litigation action with additional retainers to be posted before additional services are performed; it could be for fees only (billed legal time) and other costs will be paid by the client, etc. MAKE SURE YOU READ THE FEE AGREEMENT AND ASK THE ATTORNEY ABOUT THE SCOPE OF THE RETAINER. YOU AS A CLIENT NEED TO UNDERSTAND HOW THIS RETAINER IS USED.
8. Fees and Costs. Fees, generally, are the time spent by the firm's professionals performing work for the client. Costs are, typically, third party or fixed rates for particular services. For example: copies, long distance, postage, depositions costs, expert fees, court document fees, court filing fees, etc. ASK THE ATTORNEY TO CLARIFY THIS IF YOU DO NOT UNDERSTAND AND MAKE SURE YOU READ AND UNDERSTAND THE FEE AGREEMENT.
9. Managing Your Case. Make notes, log phone calls, keep a file of all correspondence and pleadings sent to you. All of this will help you keep track of your case and give you a more complete picture of where you are in the process. Ask for deadlines and court dates and ask the attorney or legal assistant if there is anything you can do to help or prepare for your court date. If your situation allows, you might work with the legal assistant and let them know you can deliver documents, pick up things at the office, make copies yourself, etc. These things can cut the cost of your representation.
10. Billing - Questions & Disputes. Address the situation immediately. Send a copy of the letter to the accounting department and to the attorney. Explain your question or the reason for the dispute. Ask the attorney in the beginning about the billing process and the procedure for handling billing disputes. Do not wait until the end of the case to try and resolve a situation.